IN THE CASE OF: BOARD DATE: 14 May 2021 DOCKET NUMBER: AR20210005078 APPLICANT REQUESTS: correction to his DD Form 214 ((Report of Separation from the Armed Forces of the United States) to show his year of birth as shown on his certificate of birth. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Birth * Affidavit for Correction of Birth Certificate * Driver’s License FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his year of birth is incorrect on his DD Form 214 issued to him on 21 November 1952. He provides his certificate of birth and driver’s license in support of his application showing he was born in 1933. 3. A limited number of documents are filed in the applicant’s military personnel record maintained at the National Personnel Records Center, part of the National Archives. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 4. In preparation for his induction into the Army of the United States (AUS) he underwent a physical examination on 10 January 1952. A Standard Form (SF) 88 (Report of Medical Examination) was completed by a medical provider. Block 12 (Date of Birth) of his SF 88 shows his year of birth as 1932 and that he was born in New Mexico. He received a profile rating of three for his upper extremities due to atrophy of his thenar muscles (base of the thumb) of his left hand. The medical provider determined the applicant was qualitied for general military service. 5. The applicant’s enlistment documents are not available for the Board’s review due to the fire at the National Personnel Records Center in 1973. 6. In reviewing his DD Form 214, he was inducted into the AUS on 3 October 1952. He was born in New Mexico in 1933. 7. On 29 October 1952, a medical board met to review the applicant’s diagnosis of neuropathy of his ulnar and median nerves within his left hand. He had injured his left hand when he was 9 years old. The medical board determined the applicant’s physical profile rating for his upper extremities, specifically his left hand, was downgraded to four. The medical board recommended the applicant’s separation from service because he did not meet the medical requirements for entrance or continued military service. The approval authority approved the medical board’s recommendation. The board findings, recommendations and approval authority’s signature are recorded on War Department (WD) Adjutant General’s Office (AGO) Form 8-118 (Disposition of Board Proceedings). The applicant’s date and year of birth are not shown on this form. 8. The applicant’s separation order is not available for the Board’s review. However, filed in his official record are copies of his DD Form 214. Each copy (Member 1 and Member 4) was issued to the applicant at the time of his separation. He was separated from military service on 21 November 1952 after completing 1 month and 19 days of active service. He was separated for the convenience of the Government due to his not meeting medical entrance or continued military service medical standards. Block 10 (Date of Birth) shows he was born in the year 1932. 9. The applicant provided three documents in support of his application showing he was born in 1933 in New Mexico. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is warranted. 2. The Board noted that the applicant's brief period of military service gave him little opportunity to fix the error in his date of birth before he was discharged. In the absence of additional military service records, the Board found the evidence provided by the applicant sufficient as a basis for correcting the date of birth recorded on his DD Form 214. The Board determined his DD Form 214 should be corrected to reflect the date of birth shown on his Certificate of Birth. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show the date of birth recorded on his Certificate of Birth in item 10. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army and established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The instructions for completion of Item 10 (Date of Birth) stated to enter the day, month, and year of birth as recorded in the Soldier’s official military personnel record. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005078 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1